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Practice and Industry Groups

Robert P. Casey

ShareholderChicago

Robert (“Bob”) Casey has exclusively represented management in all facets of labor and employment law matters for 30+ years. He has long-represented employers throughout the Midwest in the steel, utility and construction industries, as well as multiemployer associations in the construction industry, in matters under the NLRA, the arbitration of union grievances under collective bargaining agreements, collective bargaining negotiations, including negotiations for area-wide construction industry agreements, and multi-employer trust fund litigation. Bob also has substantial experience regarding multiemployer pension plan withdrawal liability under ERISA, and regularly advises employers and associations regarding that topic, as well as representing clients in the litigation and arbitration of withdrawal liability-related claims.

Bob’s experience representing employers and associations in the construction industry includes the negotiation, implementation and application of Project Labor Agreements for construction projects on a nationwide basis. Bob is regularly consulted by construction contractors regarding PLAs in states and localities across the country.

Bob also handles jurisdictional disputes before the NLRB and is experienced in assisting employers to process such disputes as Job Impediment claims before the National Plan for the Settlement of Jurisdictional Disputes in the Construction Industry, in Washington, D.C.

Bob regularly counsels employers regarding workforce reductions, in both union and nonunion settings, and the employer’s obligations under state and federal WARN Acts to provide appropriate notice of the proposed reductions, as well as compliance with the OWBPA in the preparation of releases associated with such workforce reductions.

Experience

On behalf of construction industry employers, Bob has litigated and prevailed in actions brought by union trust funds seeking to apply union contracts to a nonunion entity under an alter ego/single employer theory of liability.

Bob was one of several counsel responsible for the successful challenge of a multiemployer pension fund’s assessment of withdrawal liability in a case of first impression involving the construction industry exemption under MPPAA and its application to circumstances involving the post-withdrawal acquisition of a nonunion competitor performing work in the same geographic area as the (formerly union) withdrawn employer.

Bob represented a major employer in the defense of a nationwide class action brought in the federal district court for the Northern District of Ohio involving increases made to the premiums charged under that employer’s collectively bargained retiree health benefits plan. That case involved more than 600 retirees and/or their surviving spouses from 12 plants in 10 states, and was ultimately settled in 2009. Bob was instrumental in determining and negotiating the settlement amount, obtaining court approval of the settlement, and implementing the settlement after its approval.

Bob has also acted as lead trial counsel in employment discrimination and wrongful discharge cases, as well as labor and multiemployer trust fund cases in the federal district courts in Illinois, California, Colorado and Minnesota, including individual jury trials in those jurisdictions under the ADEA, Title VII, Section 1981 and state law.

Bob is General Counsel to and represents the Mid-America Regional Bargaining Association (MARBA). He, along with other attorneys from the Chicago office, have represented MARBA and its member associations (Illinois Roadbuilders, Builders Association, Lake County Contractors, Fox Valley AGC, Mason Contractors Association, Chicagoland Crane Association, Underground Contractors) in negotiations for area-wide agreements with the Teamsters, Operating Engineers, Laborers, Technical Engineers, Auto Mechanics, Bricklayers, and Carpenters in the Nine-County Northern Illinois area.

Bob is also Labor & Employment Counsel to the Mechanical Contractors Association of Chicago.

Professional Activities and Speeches

Professional Activities:

American Bar Association (Litigation, Labor and Employment Law Sections)